KY Judge Denies Injunction on Instant Racing

A Kentucky Court of Appeals judge Sept. 8 denied a request for an emergency injunction that would have idled Instant Racing machines at Kentucky Downs, the first racetrack in the state to implement the video lottery terminal-like games.

The Family Foundation of Kentucky had asked the court to shut down the machines, which have been ruled pari-mutuel by the state Attorney General's office and the Kentucky Horse Racing Commission. The request is part of an appeal to a lower court ruling last December that held the games to be legal.

Judge Glenn Acree said the Family Foundation had failed to show immediate and irreparable injury. However, the judge went on to say the harm alleged is substantial, and that the alleged violation of criminal statutes is a matter of great concern.

The Family Foundation basically contends Instant Racing machines are nothing more than VLTs or slot machines even though wagers are pooled, and the results of games are based on previously run horse races.